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(영문) 청주지방법원 2019.07.18 2018고단2957

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Around 21:00 early August 2017, the Defendant, who violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Ameras, Use and Screening of Cameras, etc.) due to mobile phone photographing, and the Defendant, who intrudes into the front corridor of the residence of the Cheongju-si B apartment and C victim D (name, leisure), and took photographs of the victim’s body seven times in total (8 times in total) by July 17, 2018, using a cell phone located adjacent to the front door, which is located adjacent to the front door, using a cell phone located adjacent to the front door.

Accordingly, the defendant taken the body of the victims who could cause sexual humiliation or shames using a camera or other similar mechanism that intrudes upon the victims' residence and has similar function against their will.

2. Around June 16, 2018, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Etc.) due to the distribution of photographs, at the PC room located in Cheongju-si, and at the PC room located in Cheongju-si, the Defendant used SNS E and transmitted SNS files, which took pictures of the body of the victim D, such as the number Nos. 1 through 5 of the crime list.

Accordingly, the defendant distributed the body photographs of the victim who could cause sexual humiliation or shame against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of the F, D, and G;

1. Records of seizure and the list of seizure;

1. Sh stenographic records and a statement video CDs, E-fafafs, and photographs by capturing a video;

1. Cabs kept in custody of suspect mobile phones on July 15, 2018;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018).